Medbury v. New York & Erie Railroad Co.
New York Supreme Court
APPEAL from a judgment for $931.39 in favor of the plaintiffs, entered upon the report of Eichard Goodman, Esq. referee. The action was for damages arising from the non-performance, on the part of the defendants, of an alleged contract to transport a Certain quantity of flour from Hornellsville, on their rail road, to the city of Hew York, and to deliver the same at the latter place, on or before the 20th day of February, 1853. The defendants denied the contract.
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APPEAL from a judgment for $931.39 in favor of the plaintiffs, entered upon the report of Eichard Goodman, Esq. referee. The action was for damages arising from the non-performance, on the part of the defendants, of an alleged contract to transport a Certain quantity of flour from Hornellsville, on their rail road, to the city of Hew York, and to deliver the same at the latter place, on or before the 20th day of February, 1853. The defendants denied the contract. On the trial, Horatio Stevens, a witness for the plaintiffs, testified that he, acting as their agent, made the contract with M. B.…
1Opinion of the Court
By the Court, Clerke, J.
It may be quite true that a common earner is not liable on an implied contract to deliver goods at any specific time. But, like any other person, *566he is hound by the terms' of his express undertaking, whether entered into directly by hitnself, or through the intervention of an agent. The only question of which there can be the slightest doubt in this case is, whether Spaulding was authorized to make the contract Upon which this action is founded. The referee has found, unhesitatingly, that he did make it; and it is not our custom to disturb any finding or verdict not…
2Cited by8 opinions
- Leonard v. New York, Albany & Buffalo Electro Magnetic Telegraph Co.New York Court of Appeals · 1870
- Ward v. New York Central RailroadNew York Court of Appeals · 1871
- Peet v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1866
- Mitsubishi Shoji Kaisha, Ltd. v. DavisDistrict Court, S.D. New York · 1922
- Johnson v. StateNew York Court of Claims · 1909
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